Hospitality workers injured on the job have the right to file a workers’ compensation claim. The benefits injured workers are eligible to recover can help with their financial recovery as they will be reimbursed for medical treatment and lost wages due to time away from work.
Whether an injury develops immediately or over the course of weeks, it can leave workers temporarily or permanently disabled. If a workers’ compensation claim is denied, or if an injured worker meets the criteria for filing a lawsuit against a third party, then they should review their legal options. For more information about hospitality industry claims and how our workers’ compensation lawyer can help, call us today.
Workers’ Compensation Benefits for Hospitality Workers
In California, any company that employs one or more employees must provide workers’ compensation benefits to their workers. This means that no matter what role someone serves in the hospitality industry, as long as they are an employee of a company, then they have the right to recover compensation for workplace injuries. They can file a claim with their employer’s insurance carrier.
What Job-Related Injury Benefits Can Be Recovered?
Workers’ compensation helps hospitality workers cover medical bills and lost wages for any time away from work. In addition, if a temporary or permanent disability occurs, then an injured worker may be able to recover compensation for any medical expenses related to the injury.
Workers’ compensation does not cover non-economic damages; it is just meant to provide financial support for economic damages, such as medical costs and rehabilitation costs. Family members can also seek death benefits, such as funeral costs, if the work-related accident proves fatal.
Does a Work-Related Injury Need to Be Proven?
In California, workers’ compensation is a no-fault system. This means that after an injury is reported, benefits will be paid out after a three-day waiting period no matter what. Even if the injured party’s own negligence led to their injury, they are still eligible to receive workers’ compensation benefits.
What if a Workers’ Compensation Claim Is Denied?
Even though workers’ compensation is a no-fault service, an employer or their insurance company can deny that an injury took place at work. This could lead to an employee’s claim being officially denied. If a claim is denied, then it is the responsibility of the employee to prove that their employment was at least 51% responsible for their injury.
Hospitality industry injuries can look similar to everyday ailments. Muscle strains, sprains, cuts, and bruises are all common occupational injuries. Because these injuries can look like the result of everyday activities, it can be difficult to prove that an injury is work-related to have a claim denial overturned.
Proving an Injury Is Work-Related
If a claim is denied, do not give up hope. A workers’ compensation attorney can help with the appeals process. They can prove that the injury is work-related and ensure that all benefits are received by the injured party.
As soon as an injury takes place, it is best to start compiling evidence. This preparation ensures that the injured worker is ready to handle a denied claim as quickly as possible to recover the compensation they are entitled to.
Evidence that may help includes:
- Photographs or video footage of the accident
- Eyewitness testimonies
- Medical records from doctor’s visits before and after the injury taking place
In California, employees only have 30 days from the time of their injury to report it to their employer. We recommend that a report is filed as soon as possible. This will create a record of the injury taking place and make it easy to determine what event caused it.
When to File a Personal Injury Lawsuit After an Injury on the Job
Because hospitality industry workers tend to work with numerous third parties and patrons, there is always the opportunity to file a lawsuit against the person who causes an injury. If a guest of your place of employment causes your injury through a physical altercation, then you could file a personal injury lawsuit against them.
The benefit of filing a personal injury lawsuit is that injured workers are able to recover non-economic damages such as pain and suffering, loss of enjoyment of life, and mental anguish.
If a worker elects to file a lawsuit against a third party, they should still file for workers’ compensation. This will ensure that they receive the financial assistance they need for the medical treatments they receive and the wages they lose out on.
Understand How to Obtain Workers’ Compensation Benefits for the Hospitality Industry
No matter how significant your injury or illness is, if you need to miss work or receive medical care, then you have the right to file workers’ compensation. Hospitality industry workers spend a lot of time on their feet, and many jobs require heavy lifting and handling of dangerous equipment.